MD3018 AEB Assurance Framework 2022-23

1.1 In preparation for delegation of the AEB functions, the GLA was required to meet six readiness conditions to demonstrate to the Secretary of State for Education that the GLA is prepared to carry out these functions effectively. As a part of a submission to the Department for Education (DfE) setting out how the readiness conditions would be met, a commitment was made to publish an AEB Assurance Framework that sets out the processes and procedures the GLA has put in place to manage the AEB effectively.

1.2 The Framework has been drafted to provide assurance to key stakeholders, including HM Government, that the GLA has in place the necessary systems and processes to manage delegated functions and funding relating to the AEB effectively. The GLA has committed to reviewing the AEB Assurance Framework annually to ensure it remains consistent with current policy and up to date in terms of processes and procedures.

1.3 In July 2019, the GLA published the first Framework for the 2019-20 academic year to coincide with the first year of delegated AEB functions (the Framework took into consideration internal audit requirements of the Mayor’s Office for Policing and Crime and August 2019 Guidance from the Department for Education to the Mayor of London and GLA on the exercise of delegated adult education functions (the London Guidance). The London Guidance is intended to ensure that funding and provider management arrangements are agreed by the Mayor with providers in a way that minimises costs and maximises consistency and transparency.

1.4 Each year the Mayor reviews, revises and publishes a new version of the Framework ahead of each academic year (by 31 July). As the Framework is the primary governance document, it is taken through the GLA’s formal decision-making process.

1.5 The AEB Mayoral Board was established in July 2018 under MD2328 – Governance arrangements for statutory functions relating to the AEB. The Board’s constitution has been updated to reflect current staffing responsibilities; namely, to update section 5 to allow the Executive Director, Communities and Skills to nominate an alternative Lead Officer.

1.6 The SfL Board provides advice and guidance to the Mayor on the AEB and forms part of the wider AEB governance arrangements. The SfL Board constitution has been updated following recent changes to the Board membership, and to include the Skills Roadmap for London as part of the terms of reference.

AEB Assurance Framework (Appendix A)

2.1 The Framework has been based on the requirements of the readiness conditions set by DfE and contains the following chapters:

• Governance and Decision-making
• Financial Assurance and Auditing
• Data Management
• AEB Policy: Funding Rules and Learner Eligibility
• Commissioning and Managing Procured Provision
• Grant-Funded Provision.

2.2 The Framework will continue to be reviewed and updated annually, or more frequently if required.

2.3 The only substantive change made to the Framework is enhanced intervention measures for ITPs as highlighted in paragraph 6.4.6. Any interventions by the GLA must be justified, proportionate and in accordance with any agreement(s) entered into with those provider(s). Minor changes can also be found highlighted at paragraph 5.2.2 and 6.4.5.

2.4 Other changes are administrative e.g. inclusion of the relevant academic year, updating hyperlinks from out-of-date documents and webpages.

The AEB Mayoral Board constitution (Appendix B)

2.5 Section 5 of the AEB Mayoral Board constitution has been updated to allow the Executive Director, Communities and Skills to nominate an alternative Lead Officer.

The SfL Board constitution (Appendix C)

2.6 The SfL Board constitution has been updated to reflect recent changes to the membership of the SfL Board and to include the Skills Roadmap for London as part of the terms of reference.

3.1 In carrying out any functions in respect of the AEB, the Mayor must comply with the public sector equality duty under section 149 of the Equality Act 2010.

3.2 Section 149(1) of the Equality Act 2010 provides that, in the exercise of their functions, public authorities – of whom the Mayor is one – must have due regard to the need to:

• eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010

• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

3.3 Relevant protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Assurance Framework includes a Diversity and Inclusion section that references the Mayor’s Equality, Diversity and Inclusion Strategy, and states how implementation of the AEB promotes equal opportunities. This Decision makes no changes to those arrangements and has no impact on those with protected characteristics.

4.1 Delivering the AEB will support the Mayor’s vision to ensure that all Londoners and businesses gain the skills they need to succeed as set out in the Skills for Londoners Strategy. It aims to meet the strategy’s three aims:

• empower all Londoners to access the education and skills to participate in society and progress in education and work

• meet the needs of London’s economy and employers, now and in the future

• deliver a strategic city-wide technical skills and adult education offer.

Risks arising/mitigation

4.2 The AEB Assurance Framework sets out robust governance arrangements for managing the AEB in order to minimise any programme risks. By reviewing an over-arching framework setting out the GLA’s approach to decision-making, transparency, audit, value for money and engagement, stakeholders can be confident that any decisions are proper, evidence-based and capable of being independently scrutinised.

4.3 There are no conflicts of interest to declare from those involved in the drafting or clearance of this decisions.

5.1 There are no direct financial implications to the GLA arising from these proposals.

6.1 Section 39A of the Greater London Authority Act 1999 (the GLA Act 1999) permits the delegation of eligible ministerial functions to the Mayor, subject to certain limitations and conditions. The Secretary of State for Education (SSE) has used powers under 39A of the GLA Act 1999 to delegate certain functions of the SSE under the Apprenticeships, Skills, Children and Learning Act 2009 (the 2009 Act) to the Mayor The functions delegated under the 2009 Act are:

• Sections 86 to 88 which are to be exercised by the Mayor instead of by the SSE, except any functions relating to apprenticeship training or persons subject to adult detention
• Sections 90 and 100(1) which are to be exercised concurrently with the SSE except any functions relating to apprenticeship training or persons subject to adult detention.

6.2 The delegation together with the terms and conditions relating to the exercise of the delegated functions are contained in a letter to the Mayor dated 6 December 2018. Section 39A (6) of the GLA Act 1999 provides that the Mayor is unable to delegate eligible Ministerial functions delegated to him and therefore must take all AEB decisions personally and this is specified in the Mayoral Decision-Making in the Greater London Authority protocol as well as in the AEB Mayoral Board Constitution. In exercising the delegated functions, the Mayor must have regard to the guidance issued by the SSE, as amended from time to time. The Mayor has entered into a Memorandum of Understanding with the SSE, dated January 2019, entitled “Delegation of Certain Adult Education Functions to the Greater London Authority” which sets out the agreed understanding of how the delegation will operate and the Mayor signed to agree to the delegation on 22 January 2019. The decisions sought above are consistent with the exercise of the delegated functions.

6.3 In taking the decisions to be requested, the Mayor must have due regard to the Public Sector Equality Duty and the Mayor is referred to paragraph 3 above.

• Appendix A: Revised AEB Assurance Framework

• Appendix B: AEB Mayoral Board – draft constitution

• Appendix C: Skills for Londoners (SfL) Board – draft constitution